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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:- 13.01.2023 + MAC.APP. 24/2023 & CM APPL 1722-24/2023 SHEKHAR NIJHAWAN ..... Appellant Through: Mr. Navneet Goyal, Adv.

versus IFFCO TOKIO GENERAL INSURANCE CO. LTD. & ORS.

..... Respondent Through:

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL)

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 seeks to assail the award dated 26.11.2021 passed by the learned Motor Accident Claims Tribunal in MACP No. 5171/2016. Vide the impugned award, the learned Tribunal, while awarding a compensation of Rs.16,32,700/- in favour of the claimants, has granted recovery rights to the insurer.

2. The appellant, who is the owner of the car/offending vehicle, bearing registration no. DL-4CAH 6055, has approached this Court being aggrieved by the grant of recovery rights in favour of the insurer.

3. It may be noted that recovery rights have been granted in favour of the insurer by the learned Tribunal after taking into account the fact that the offending vehicle, at the time of the accident, was admittedly being driven by the appellant’s minor son, who did not possess any driving licence. The learned Tribunal, the